Finding out that someone working on your project or for your business is under police investigation or facing a criminal allegation can be incredibly difficult.

These situations often come with very little information, strong opinions from others, and pressure to make quick decisions. At the same time, you may be trying to balance the wellbeing and safety of your workforce, the rights of the individual involved, and the potential impact on your studio, production, project, contributors, clients, audiences, and reputation.

The screen sector is built on relationships, trust, and reputation. As a result, allegations involving someone working on a project can have a significant impact long before any criminal process reaches an outcome.

It’s important to remember that an allegation is not the same as a conviction. People can be investigated, arrested, interviewed by the police, charged, or ultimately found not guilty. Equally, there may be situations where a business cannot simply ignore an allegation while waiting months or even years for a criminal process to conclude.

This guide explains some of the factors you may need to consider when a member of your workforce is facing a criminal allegation or investigation. The focus is not on determining guilt or innocence. It is about making fair, reasonable, and informed decisions based on the information available at the time.

One of the most challenging aspects of these situations is understanding where your role begins and ends.

It’s not your responsibility to decide whether someone has committed a criminal offence. That is a matter for the police, the Crown Prosecution Service, and ultimately the courts. Your responsibility is to decide what is appropriate for your business, project, and workforce.

This means you may sometimes need to make decisions before a criminal investigation has concluded. Those decisions should not be based on assumptions about guilt; they should be based on the information available to you, the risks involved, and your responsibilities.

The question is not necessarily: “Did this person commit a crime?”

The question is often: “Can this person continue in their role safely and appropriately while these matters are being investigated?”

You are making a business decision, not a criminal judgment.

When allegations come to light, it is easy for attention to focus solely on the individual concerned. However, your responsibilities are often much wider.

You may need to consider:

• The wellbeing of the individual involved
• The wellbeing of the person making the allegation
• The safety and welfare of colleagues, freelancers, contributors, cast, and crew
• The impact on working relationships across a production or project
• The reputation of the business
• The confidence people have in your ability to manage concerns appropriately 

This does not mean automatically believing an allegation or taking immediate action against the individual concerned. It means taking the situation seriously enough to understand the potential impact and assess any risks.

Allegations can create strong emotional reactions, particularly if they involve serious criminal matters or attract public attention. In these situations, it’s important not to panic, make assumptions, or rush to conclusions.

Equally, doing nothing is not always the right response.

A calm and measured approach will help you make better decisions and demonstrate that concerns are being handled responsibly. Gather information, understand what is known and what remains unclear, and consider whether you need appropriate professional advice before making significant decisions. Decisions made in the early stages of an allegation can have significant consequences, and one poorly considered step can undermine an otherwise fair process.

The extent of any investigation will depend on the circumstances.

In some cases, you may have very limited information because a police investigation is ongoing. In others, there may be media reports, concerns raised by members of the production team, or information shared by people who have worked with the individual previously.

Where it is appropriate to do so, give the individual concerned an opportunity to explain their position and provide any information they feel is relevant.

You should keep an open mind throughout the process and avoid approaching the situation as though a conclusion has already been reached.

The purpose of your investigation is not to establish criminal guilt. It is to gather enough information to make a reasonable business decision.

In many situations, you will not have complete certainty. That is often the reality when criminal investigations are ongoing.

Once you have gathered the information available, consider what risks may exist if the individual continues in their role.

The nature of the allegation may be relevant, but so is the nature of the role.

For example, different considerations may apply where someone:

• Works with children or vulnerable contributors
• Is a presenter, performer, or public-facing figure
• Holds a senior leadership position
• Leads a department or manages others
• Represents the business publicly
• Has access to confidential information
• Works closely with the person making the allegation
• Holds a position that relies heavily on trust and professional credibility

The key question is whether there are risks that need to be managed and whether those risks can reasonably be addressed.

In some situations, the answer may be yes. In others, the risks may be too significant.

A criminal court can take months or years to reach a conclusion. During that time, businesses may still need to make decisions about who is working on a project, interacting with contributors, managing teams, or representing the business publicly.

In the screen sector, concerns about safety, trust, or behaviour can quickly affect morale, working relationships, and confidence within a team. Projects often operate to tight deadlines and rely on people working closely together under pressure. This can make these situations particularly challenging.

In recent years, many businesses and projects have worked hard to create cultures where people feel safe speaking up and where inappropriate behaviour is taken seriously. As a result, leaders can sometimes feel under pressure to demonstrate that they have a zero-tolerance approach when serious allegations arise.

Depending on the circumstances, it may be possible to put temporary arrangements in place while matters are investigated.

Examples might include:

• Adjusting duties or responsibilities
• Increasing supervision
• Changing reporting lines
• Restricting access to certain activities
• Removing someone from a particular project
• Pausing a freelance engagement
• Suspending an employee while investigations take place

These options will not be suitable in every situation, but they can provide breathing space while further information becomes available.

In some cases, the practical consequences of an allegation may become just as important as the allegation itself.

For example, someone may be remanded in custody and therefore unable to attend work for an extended period. Similarly, a person may lose their driving licence and no longer be able to carry out a role where driving is an essential requirement.

In situations like these, the issue may become less about the allegation itself and more about whether the individual can continue to perform their role and whether the business can reasonably accommodate the situation. For example, it may be possible to agree a temporary period of unpaid leave, make temporary adjustments to duties, provide alternative work, or accommodate a short-term absence while the situation becomes clearer.

Each case will depend on its own circumstances, and it is important to consider alternatives before making significant decisions.

Where the individual is an employee, it is important to follow a fair process.

The appropriate approach will depend on the circumstances and the information available. In some cases, no formal action may be necessary but in others, you may conclude that trust and confidence has been damaged to such an extent that the employment relationship can no longer continue.

This does not mean you have decided the employee is guilty of a criminal offence. It means you have reached a view that, based on the information available and the impact on the business or project, the working relationship can no longer continue in the way it previously did.

Employment law sometimes refers to this as dismissal for “some other substantial reason” (often shortened to SOSR).

This is not about punishing someone for alleged misconduct. Instead, it may be relevant where the circumstances surrounding an allegation create a situation that the company reasonably believes it cannot continue to manage.

Whether dismissal is fair will depend on the specific circumstances. These situations can be complex and highly fact-specific, which is why it is often sensible to seek appropriate HR or legal advice before making any decision about someone's employment.

The existence of an allegation alone is unlikely to be enough. The focus should be on the impact of the situation, the risks involved, and whether the business can reasonably continue the working relationship after considering all the circumstances.

Before making a decision, ask yourself whether you have enough information to justify your position, whether you have considered alternatives, and whether another reasonable employer could reach the same conclusion based on the information available at the time.

If dismissal is ultimately being considered, the employee should be invited to a formal meeting, given the opportunity to respond to the concerns, and informed of any right of appeal. The fact that a criminal investigation is ongoing does not automatically make dismissal fair, but neither does it prevent dismissal where a business has carried out a reasonable investigation, followed a fair process, and reached a decision that it can justify.

Freelancers and contractors should not normally be managed through employee disciplinary procedures. Instead, your focus should be on the contractual relationship, the needs of the project, and any risks that need to be managed.

Review the contract carefully and consider any relevant clauses relating to conduct, safeguarding, reputational issues, or termination.

As with employees, it is important to gather information and give the individual an opportunity to respond before making decisions.

Potential outcomes may include continuing the engagement, making temporary changes, pausing the engagement, or bringing the engagement to an end in line with the contract.

Not every serious allegation will involve the police. Sometimes concerns are raised about behaviour that may not amount to a criminal offence but could still affect safety, wellbeing, trust, or working relationships.

The same principles generally apply. Take concerns seriously, gather information, give people the opportunity to respond, assess any risks, and make decisions based on the information available to you.